Current Status Introducing Body:House Bill Number:4454 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Campaign practices of state employees Residing Body:House Current Committee:Judiciary Computer Document Number:PT/22333DW.94 Introduced Date:19940112 Last History Body:House Last History Date:19940112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4454 House 19940112 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO PROHIBIT ACTIVE PARTICIPATION IN PARTISAN POLITICAL MANAGEMENT OR IN PARTISAN POLITICAL CAMPAIGNS BY A PERSON EMPLOYED BY AN AGENCY OR INSTRUMENTALITY OF THE STATE OR BY A POLITICAL SUBDIVISION OF THE STATE WHOSE WAGES, SALARY, OR COMPENSATION IS PAID, IN WHOLE OR IN PART, BY STATE FUNDS, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-14-10. As used in this chapter, `employee' means a person employed by an agency, department, entity, or instrumentality of the State of South Carolina or by any political subdivision of the State whose wages, salary, or compensation is paid, in whole or in part, by state funds. The term `employee' includes all persons whose employment status or relationship with the State or political subdivision of the State is full-time, part-time, or temporary, but does not include a person occupying an office that is filled by a vote of qualified electors for a definite term fixed by law.
Section 8-14-20. An employee subject to the provisions of this chapter may not:
(1) be a candidate for nomination or election to a national, state, multicounty, countywide, less-than-countywide, or municipal public office, except that this prohibition does not apply to a nonpartisan election in which none of the candidates represents a political party;
(2) serve as an officer of a political party, a member of a national, state, county, or municipal committee of a political party, an officer or member of a committee of a partisan political club or organization, or be a candidate for any of these positions;
(3) participate in the organizing or reorganizing of a political party, organization, or club;
(4) solicit, receive, collect, handle, disburse, or account for assessments, contributions, or other funds for any partisan political purpose or in connection with a partisan election;
(5) sell tickets for or otherwise actively promote political fund-raising events or functions, including, specifically, political dinners;
(6) manage or otherwise promote the partisan political campaign of a candidate for (a) a national, state, multicounty, countywide, less-than-countywide, or municipal public office or (b) a position as an officer of a political party, a member of a national, state, county, or municipal committee of a political party, or an officer or member of a committee of a partisan political club or organization. For the purposes of this item, the terms `manage' and `otherwise promote' specifically include the use by the employee of telephones, typewriters, computers, printers, duplicating or copying machines, stationery, paper, or other office supplies at his place of employment for the benefit of, or to the detriment of, a candidate referred to in subitems (a) and (b) of this item;
(7) work at the polls in a partisan election on behalf of, or against, a candidate or political party in the election by acting as a manager, assistant manager, or otherwise filling the capacity of one who conducts or assists in conducting the election, or by acting as a checker, observer, challenger, watcher, or filling a similar partisan political position;
(8) distribute campaign literature or similar material of a partisan political nature at any time or place;
(9) serve as a delegate, alternate, or proxy to a political party convention;
(10) address a convention, rally, caucus, or similar gathering of a political party in support of, or in opposition to, a candidate for a public office or a political party in a partisan election or in support of, or in opposition to, a candidate for a political party office or in support of, or in opposition to, a partisan political question;
(11) endorse or oppose a candidate or a political party in a partisan election through political advertisement, broadcast, campaign literature, or similar material;
(12) use a motor vehicle to drive voters to the polls on behalf of a political party or a candidate in a partisan election.
Section 8-14-30. The provisions of Section 8-14-20 must be strictly construed for the purposes of enforcement and the imposition of the penalties provided for in this chapter. Nothing contained in this chapter may be construed to prohibit registration for voting purposes in the manner allowed by law, voting in the manner the employee chooses, wearing a political badge or button, displaying a political sticker on the employee's personal motor vehicle, displaying a partisan political sign, poster, or banner on the employee's private property, making a voluntary campaign contribution to a political party, club, or organization or to a candidate in a partisan election, or doing any other thing not specifically prohibited under Section 8-14-20.
Section 8-14-40. (A) An employee who violates any of the provisions of Section 8-14-20 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of five hundred dollars or by imprisonment for thirty days, or both. A person convicted under the provisions of this chapter shall forfeit two months' salary, wages, or compensation.
(B) Each violation of the provisions of Section 8-14-20 must be considered a separate offense for the purposes of prosecution and the imposition of the penalties pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.